Judge: Lee S. Arian, Case: 21STCV20957, Date: 2023-12-05 Tentative Ruling

Case Number: 21STCV20957    Hearing Date: December 5, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On June 4, 2021, Theresa Jill Sarmiento (“Theresa”) and Jonathan Hyeon Sarmiento (“Jonathan”), a minor, by and through his guardian ad litem, Theresa Jill Sarmiento (collectively, “Plaintiffs”), filed this action against defendants Felipe Lopez Rosales (“Felipe”), Cooltex Refrigeration Corporation (“Cooltex”), and Cooltec Refrigeration (“Cooltec”), and DOES 1-100 (collectively, “Defendants”). The action arises out of a motor vehicle collision which occurred on June 4, 2021.

On September 27, 2023, Defendants Felipe and Cooltec filed the instant motion to continue the trial on or after March 8, 2024, and all other relevant pre-trial dates because the matter has been reassigned to a new defense counsel after prior counsel left the firm in August 2023, and additional time is needed to prepare. No opposition has been filed. Trial is currently scheduled for January 2, 2024. 

II.          LEGAL STANDARDS & DISCUSSION

California Rules of Court, Rule 3.1332

California Rules of Court, Rule 3.1332(b) indicates that “a party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.” (Cal. Rules of Court, Rule 3.1332, subd. (b)).  Defendants filed a noticed motion with supporting declarations, thereby complying with CRC 3.1332.      

Under Rule 3.13329(c), the Court may grant a continuance only on an affirmative showing of good cause requiring the continuance. The Court should consider all facts and circumstances relevant to the determination, such as proximity of the trial date, prior continuances, prejudice suffered, whether all parties have stipulated to a continuance, and whether the interests of justice are served.  (Cal. Rules of Court, rule 3.1332, subd. (d).)  Rule 3.1332(c)(7) provides that significant, unanticipated change in the status of the case as a result of which the case is not ready for trial constitutes good cause to continue. 

Here, Trial is set for January 2, 2024, but new counsel needs additional time to be ready.  Counsel’s leaving is good cause to continue as a significant, unanticipated change.  Moreover, Plaintiff does not oppose the requested continuance. 

III.        CONCLUSION

Accordingly, Defendants’ motion is GRANTED.  Trial is continued from January 2, 2024 to March 8, 2024 at 8:30 a.m. in Department 27.  The final status conference is continued from December 19, 2023 to XXXX at 10:00 a.m. in Department 27.  All pretrial deadlines including discovery and motion cut-off dates are to be based on the new trial date.  

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

        Dated this 5th day of December 2023